Council Highlights - June 7, 2021
View the full agenda package for Council
Tree Maintenance Policy to get further review
In 2000, a local residents’ group formed the Pelham Tree Conservation Society and compiled a series of procedures to follow with respect to the management of trees located on municipally owned properties such as road allowances, parks and cemeteries.
Through Municipal Operations Report MOR-33/00, the General Committee/Operations Division recommended a number of amendments to the proposed procedures and that Council adopt the revised Tree Planting, Maintenance and Replacement Guideline.
In 2015, Committee of the Whole requested that staff investigate the creation of a policy to explore the means to provide the community with safe and healthy municipal trees that are planted in newly developed areas, maintained and inspected regularly, and removed and replaced as required through Action #20150908005.
In 2016, through Action Report #20151013003 Public Works Policy S802-01 for Tree Management was presented to the Policy and Priorities Committee, and was later adopted by Council.
As the result of a series of complaints regarding tree maintenance and tree removal in the urban portion of Fonthill during 2020, Council added “Tree Maintenance Policy” as a strategic action item in the Town’s strategic plan. This report is written
in satisfaction of the directive to bring back options and potentially updated tree policy to Council. Staff look forward to receiving direction on next steps.
Analysis:
The Town’s urban tree canopy is a source of civic pride and a major component of Pelham’s environmental health and future sustainability. Not surprisingly, the care and maintenance of municipal trees is a priority throughout the municipality.
The existing policy S802-01 states that the Town of Pelham provides the community with safe and healthy trees on municipal property that are maintained and inspected regularly, however it does not provide specific guidance for staff, or direction regarding its application previously found within the Tree Planting, Maintenance and Replacement Guideline approved in 2000.
The 2000 Tree Planting, Maintenance and Replacement Guideline provides a number of labour and financial challenges to the department. The prescribed inventory development has not been completed and the five year inspection cycle is not feasible with the current staff compliment.
The proposed revision of Policy S802-01 is meant to provide an integrated set of objectives, and procedures to form a comprehensive guide, for the management of publicly owned trees in a fiscally responsible manner. The proposed seven year inspection and pruning cycle will require one additional seasonal staff member.
Financial Considerations:
The total approved Beautification Division Operating Budget for Tree Maintenance in the Town of Pelham is $300,000. The two largest components include $150,000 allocated to the Gypsy Moth Management Program, and $125,000 allocated to Tree Maintenance which includes: planned pruning, tree removals, stump grinding, ISA tree inspection, emergency response, and equipment rental. The remaining $25,000 is allocated to tree planting. The total Beautification budget for 2021 is $937,707, of which 32% is directly related to tree maintenance.
The Town of Pelham employs one full time arborist and one full time seasonal employee for six months a year in the Beautification Department. An additional staff member to complete the tree inspection, assist with the pruning cycle and complete trail inspection is estimated at $15,000 annually.
Depending upon Council’s preferences, it is entirely possible to spend more money on the protection and maintenance of the municipal tree canopy. Any proposed increases to spending in this area should be referred to the 2022 budget.
A project page on the Town's public engagement site, EngagingPelham, will be set up within the next week and residents will have an opportunity to review and offer comment.
Advertising at the MCC
In November 2020, Town Council decided not to renew the arena advertising agreement with the Pelham Junior Hockey Club. RCW staff will assume the responsibility of sale, monitoring and maintenance of advertising in the Meridian Community Centre (MCC), as of July 2021.
Starting in March 2020, the COVID-19 pandemic, and subsequent provincial restrictions have caused the closing of MCC for an approximately 10 months. This has resulted in a loss of advertising time for businesses. To make up for the lost advertising opportunities while closed, staff are proposing to offer a 10-month relief period for those willing to sign a 3-year agreement and currently have advertising in the MCC. As an incentive for new advertisers the relief of fees would be from September – December 2021.
Analysis:
The following are proposed fees and charges for 2021: Accipiter Arena:
On Ice $750.00 per ice season/year
Boards $1,000.00 per year
Duliban Insurance Arena
On Ice $750.00 per ice season/year Boards $800.00 per year
Ice Resurfacer $2,000.00 per side/year
Advertisers responsible for payment and supply of artwork for boards and textile logos for in ice advertising.
Financial Considerations:
Under normal, non-COVID circumstances, revenues from the sales of advertising on ice, boards and the ice resurfacer for both the Accipiter and Duliban Insurance Arena approximately $85,000 annually. Due to COVID, relief in advertising fees and transitioning sales for 2022 is estimated at $40,000. This amount is still $10,000 or 33% more than was expected with the previous agreement.
Alternatives Reviewed:
If the 10-month relief in fees was not offered there would be some good chance businesses would not continue to advertise due to the hardship that has been experienced during the COVID shutdowns. By offering this relief it will give the businesses a chance to defer advertising expenses until 2022, which should help with reopening costs. In turn, this would also provide revenue certainty to the MCC for 2022.
Fence variance for 151 HWY 20 East
In November of 2020 the Bylaw Department began to receive complaints from citizens residing in the area of Hurricane Road and Stonegate Place, regarding noise being generated from a recently opened car wash at 151 Highway 20 East.
Although a car wash had existed prior at this location, the automatic wash bay was out of service for a number of years. In late 2020 a new automated car wash bay was reopened at this location and includes blowers which dry the vehicle after being washed.
The owner of the car wash property is applying to Council for a variance so as to allow the construction of a noise cancelling barrier which is hoped to effectively address the noise complaints.
Analysis:
Resident noise complaints have continued on an ongoing basis. Section 9 of The Town of Pelham’s Noise By-law 3130(2010) states “No person shall, within the limits of the Municipality, cause or permit to be caused any noise resulting from any act listed in Schedule “A” of this By-law, if audible at a point of reception located within a prescribed area or within a prohibited time as shown in Schedule “A”.
Schedule “A” section 5 prohibits noise from the operation of a commercial car wash at all times in a Residential Area.
This Variance request is the latest effort by the owners of the property to comply with the Town’s Noise By-law and to address the noise concerns of the residents.
The variance being sought is for an approximately 15 ft. high noise barrier wall/fence spanning the entire length of the rear property line.
This fence/wall is similar to noise barrier walls constructed on highways and in commercial properties, a picture of a similar wall from a car wash in Welland is attached to this report. If a wall is erected as per the attached specifications the noise emitting from the car wash should be mitigated.
The residents advancing the noise complaints have taken the position that the Town is obligated to enforce the Noise By-law because the noise emitted by the car wash creates a risk of physical and economic harm to nearby property owners.
As a broad legal proposition, the Town has considerable discretion to determine how it will enforce its by-laws as long as it acts reasonably and in good faith. A decision to decline enforcement is within this discretion. Where a person or group claims that a lack of enforcement creates a risk of physical or economic harm to them, the Town will be responsible only if it has a specific legal relationship to the person or group. By-laws are generally passed for the benefit of the general public as a whole and do not create a legal relationship between the Town and individual citizens. Similarly, interactions between the Town and individual citizens in the course of by-law administration do not generally create a legal relationship between them.
Alternatives Reviewed:
The owner of the property and the operator of the car wash have already implemented noise mitigation procedures including reversing the traffic flow through the car wash and re-programming the entry doors to remain closed during the washing and drying cycle.
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